On November 1, 1989, a request was submitted to the Ministry of the Attorney General (the "institution") under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"). The requester sought access to:
Report of audit done by Jim Malcolm on management practices of former Ottawa-Carleton Sheriff [Named Individual]. The audit was conducted from on or about June 22, 1989 to Sept. 1, 1989, when report was submitted to the Attorney General.
1. Request copy of report [Institution's file 890183].
2. Request copies of documents obtained by Mr. Malcolm during audit [Institution's file 890184].
3. Request copies of any memorandums after Sept. 1, 1989 from Douglas Hunt, assistant deputy Minister [sic] for criminal law pertaining to report, including recommendations on action to be taken [Institution's file 890185].
By letters dated December 4, 1989, the institution responded to requests 890183 and 890184. In response to request 890183, the institution denied access to the entire record relying on subsections 13(1), 14(1)(a), and 14(1)(b) and section 21 of the Act. In response to request 890184, the institution denied access to the entire record relying on subsections 14(1)(a) and 14(1)(b) and section 21 of the Act.
On December 7, 1989, the requester appealed the decisions of the institution pursuant to subsection 50(1) of the Act. This section gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head of an institution to the Commissioner.